3D Printing Legal Challenges (Patrick Van Eecke DLA Piper, 14 Oct. 2013)

3D Printing

Legal challenges

Prof. dr Patrick Van Eecke

Universiteit Antwerpen

Partner – DLA Piper - Brussels

The 3DP habitat

3D printshops

3D softwareproviders

3Dhardwareproviders

3D templateplatforms

3D productusers

3D templatedevelopers3D printers

Rightholders

Government

3D inkproviders

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Typical legal issues

3D printshops

3D softwareproviders

3Dhardwareproviders

3D templateplatforms

3D productusers

3D templatedevelopers3D printers

Rightholders

Government

3D inkproviders

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Productliability Copyright

Intermediaryliability

Importrestrictions

Patents &Designs

Softwareliability

Food Safety

Copyright

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European directives

Copyright Directive

Directive 2001/29/EC of the European Parliament and of theCouncil of 22 May 2001 on the harmonisation of certain aspects ofcopyright and related rights in the information society

Copyright Enforcement Directive

Directive 2004/48/EC of the European Parliament and of theCouncil of 29 April 2004 on the enforcement of intellectual propertyrights

Copyright protection

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Protected

• Photography• Text• Article• Film• Song• Computer program• Database• Building• etc.

Requirements

• Original• Expression• No formalities

Copyright

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Copyright on templates

Template author is protected

Copyright laws automatically apply

Creative commons

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Copyright infringements when

scanning

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Trademarks & Designs



Benelux Treaty ontrademarks anddesigns

Registration requirements

Trademarks & Designs

Passing off


Patents


Patent

Image reproduced under the creative commons attribution licence: Flickr user 'diaper'.


Product liability


From instruction manuals to spare parts


Spare parts

Teenage Engineering Make CAD Files Available to 3DPrint Replacement Parts


Legal framework

Product liability Directive

European Directive 85/374/EEC on the approximation of the laws,regulations and administrative provisions of the Member Statesconcerning liability for defective products

establishes the principle of liability without fault applicable toEuropean producers

A product is defective where it does not provide the safety whicha person is entitled to expect, taking all circumstances intoaccount, including:

the presentation of the product;

the reasonable use of the product;

the time when the product was put into circulation


Exemptions

• he did not put the product into circulation;

• the defect appeared after the product was put into circulation;• the product was not manufactured to be sold or distributed for

profit;

• the product was neither manufactured nor distributed in thecourse of his business;

• the defect is due to compliance of the product with mandatoryregulations issued by the public authorities;

• the state of scientific and technical knowledge at the time whenthe product was put into circulation was insufficient to identifythe defect. On this point, the Member States are permitted totake measures by way of derogation;

• the defect of a component was caused during the manufactureof a final product.


Software and hardwareproviders



Software

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANYKIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIMBLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) TRIMBLE MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREEOR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, (IV) THAT ANY ERRORS INTHE SOFTWARE WILL BE CORRECTED AND (V) REGARDING THE RESULTS OR OUTPUT OF THE SOFTWARE.

c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWNDISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSSOF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCYCOMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIESIN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTALDAMAGE.

e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIMBLE OR ANY THIRD PARTY OR THROUGH THESOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIMBLE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OROTHER INTANGIBLE LOSSES (EVEN IF TRIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE ORTHE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OFPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OFESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

13. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BELAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THELIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIEDTERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARELAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TRIMBLE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Hardware


WARNING: Some printed parts may present aCHOKING HAZARD or may be SHARP; not for

children under 3 years old.

3D Ink : liability issues


Counterfeit


Counterfeit (valsmunterij)

3D metal printing

up to 20 yrs imprisonment

also applicable to accomplices

Need for anti-counterfeit software in3D printers as in paperphotocopiers?


Import restrictions


3D printed guns


templates:http://www.cncguns.com/downloads.html

Intermediaries


intermediaries

Objects tagged with 'star wars' are available on the Thingiversesite (http://www.thingiverse.com/tag:star_wars).


Legal framework

European eCommerce Directive

Directive 2000/31/EC of the European Parliament and of theCouncil of 8 June 2000 on certain legal aspects of informationsociety services, in particular electronic commerce, in the InternalMarket ('Directive on electronic commerce')

Liability exemptions

Monitoring prohibition

European Court of Justice case law


3D Print shops


Conclusion

[email protected]


Technology

3D Printing Legal Challenges (Patrick Van Eecke DLA Piper, 14 Oct. 2013)